Supreme Court schedules arguments in SRE review for April 27

Source: By Erin Voegele, Ethanol Producer Magazine • Posted: Monday, March 15, 2021

The U.S. Supreme Court on March 12 announced it will hear oral arguments on April 27 pertaining to its pending review of the Tenth Circuit Court of Appeal’s January 2020 ruling on small refinery exemptions (SREs).

The Tenth Circuit Court of Appeals on Jan. 24, 2020, issued a ruling that struck down three SREs that the court said were improperly issued by the EPA and held that the agency cannot “extend” exemptions to any small refineries whose earlier, temporary exemptions had lapsed.

The ruling stemmed from a May 2018 challenge brought against the EPA by Renewable Fuels Association, the National Corn Growers Association, the American Coalition for Ethanol and the National Farmers Union.

The court’s decision was challenged by affiliates of Wynnewood Refining and HollyFrontier. The refiners in March 2020 requested a rehearing en banc of the Jan. 24 ruling. Those petitions were rejected by the court in April 2020.

The two refining companies escalated their challenge over the court ruling in September 2020 when they filed a petition for a writ of certiorari with the Supreme Court. The U.S. Department of Justice filed documents with the court in December recommending against Supreme Court review of the Tenth Circuit Court’s ruling. Despite that recommendation, however, the Supreme Court on Jan. 8 granted the petition for review filed by Wynnewood and HollyFrontier. The U.S. EPA has since spoken out to announce it has changed its position and now supports the Tenth Circuit Court’s ruling.

Additional information is available on the Supreme Court website.

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